• Bequeathed share by legal heir

We are 3 brothers and 2 sisters. The mother expired in 2009 leaving behind a self acquired property. The 5 (brothers & sisters) and the father became the legal heir for the property. The father expired in Jan 2015 and one of the son opens a registered will executed by the father during 2013. The will states that the value of the property is Rs 90 Lakhs as on 2013 and the father's share of Rs 15 Lakhs shall be given to this son reasoned as " due to love and affection".  How do we challenge this will and what is the validity of this will, if the property is only partitioned?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) on mother demise each legal heir  had 1/6th share 

2) father could execute will in respect of his 1/6th share of property 

3) will would be valid if attested by 2 witnesses and signed by your father 

4) i presume your father was of sound mind at time of execution of will 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1)let the son file for probate of will . 

2) oppose grant of probate 

3) testamentary petition would be converted into testamentary suit 

4) it has to be proved by your brother that it was the last will of your father and that he was of sound mind at time of execution of will 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi, you have to file a suit for partition of your share in the property.

2. The beneficial son take a defence before the court that his father has executed a will to an extent of his share and burden  lies on him to prove the same before the court that the will is genuine.

3. One thing you must remember that will is always suspicious document and burden lies heavily on that person who has relies on the will.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The will can be challenged in the court only on the ground that it has been executed by father under duress or undue influence by the beneficiary son.

2. The giving of false information to entice the owner to make a will in his favour is not  aground on which the will can be challenged.

3. The will does not lose its legal sheen regardless of whether the property is partitioned or not.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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An approximate amount towards the value of his share in the property can be bequeathed through a will by the testator in favor of the beneficiary.  
If you suspecting the very Will itself, you may deny the same and go ahead with the partition as had been decided already by all others.  If the brother who claims the share through the suspected will, ask him to claim it by filing a probate of will in the court and prove his Will subsequent to which his claim can be entertained. Do not be panicked by his fabricated claim.  It becomes his duty to prove the Will.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. The Will can be challenged when Probate application will be filed for the same.
2. if taking of Probate is not compulsory in your place then you can straight way file a suit for partition wherein you can challenge the validity of the will.
3. Filing suit for partition of father's property is suitable option.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1. After the demise of your mother, your father inherited 1/6th of your demised mother's property,

2. He is very much within his right to will it in favour of any body he wishes to which can not be agitated upon legally,

3. However, if the signature of the Will is found to be forged or obtained by coercion or fraud, then the said will can be challenged by other legal heirs,

4. Your brother shall have to apply for probate of the Will of your father for which you will be posted with the required notice by the Court,

5. So, while replying the said notice you can file appropriate objection to the application for probate filed by your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1 You shall have to establish before the Court that hat you are alleging is correct,

2. Collect adequate evidence for your claim first to submit your objection,

3. Engage an experienced lawyer having expertise in this field to handle your case.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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